A Division Bench of the High Court of Jammu & Kashmir and Ladakh at Jammu dismissed a writ petition filed by the Power Development Department and upheld the order of the Central Administrative Tribunal (CAT), Jammu Bench granting notional appointment, refixation of seniority, consequential promotion benefits, and coverage under the Old Pension Scheme to a candidate who was wrongfully denied appointment in a 2007-08 selection process.
Background of the Case
Raghu Singh Jandla (respondent) had applied for the post of Junior Engineer (Electrical), Grade-II under the RBA (Resident of Backward Area) category pursuant to Advertisement Notices issued in 2007 and 2008. He secured 59.54 points, higher than the last selected candidate under the RBA category (58.34 points). However, he was not selected due to a technical objection regarding the submission of his updated RBA category certificate.
He approached the High Court in SWP No. 1149/2009, which was allowed on 21 February 2014. Pursuant to the court direction, he was appointed vide Government Order dated 02.07.2014. Other similarly situated candidates from the same selection process had been appointed on 22 August 2009.
Aggrieved by the prospective appointment and denial of notional benefits, the respondent approached the Tribunal after his representations went unanswered. The CAT allowed his application in TA No. 1571/2020 and directed notional appointment w.e.f. 22.08.2009, refixation of seniority as per merit, consequential promotion benefits, coverage under the Old Pension Scheme, and refund of NPS deductions.
Key Legal Issues
- Whether a candidate wrongfully excluded from appointment in a selection process is entitled to notional seniority from the date other selected candidates were appointed.
- Whether such a candidate is entitled to benefits under the Old Pension Scheme prevailing at the time of original appointments.
- Whether delay attributable to the appointing authority can be used to deny equitable relief to the meritorious candidate.
High Court’s Ruling
The Division Bench comprising Hon’ble Mrs. Justice Sindhu Sharma and Hon’ble Mr. Justice Shahzad Azeem dismissed the writ petition, finding no error in the Tribunal’s order.
The Court relied on binding Supreme Court precedents:
- Sanjay Dhar v. Jammu & Kashmir Public Service Commission (2000) 8 SCC 182 — Relief of retrospective/notional appointment granted where denial was without fault of the candidate.
- C. Jayachandran v. State of Kerala (2020) 5 SCC 230 — Candidate entitled to notional appointment and consequential seniority when wrongfully excluded from the same selection process.
The Bench held that when a candidate is denied appointment due to the arbitrary action of the appointing authority (later rectified by the Court), he cannot be penalized. Notional seniority preserves the integrity of the common select list and upholds the right to equality under Article 14 of the Constitution. Wrongful denial by the State cannot prejudice the candidate.
The Court further clarified that Rule 24 of the J&K Civil Services Rules provides for seniority from the date of first appointment, but notional fixation is an equitable exception when delay is solely attributable to the authorities.
Consequently, the respondent was held entitled to all consequential benefits, including the Old Pension Scheme (pre-SRO 400 of 2009).
Key Takeaways
- Candidates wrongfully excluded from selection processes are entitled to notional appointment and seniority from the date similarly placed candidates were appointed.
- Delay or arbitrary action by the appointing authority cannot be allowed to defeat legitimate claims of meritorious candidates.
- Such candidates are entitled to pensionary benefits as per the rules prevailing on the notional date of appointment.
- This judgment reinforces principles of fairness and equality in public employment.
Case Details
Case Name: State of Jammu & Kashmir (Now UT) & Ors. v. Raghu Singh Jandla
Case Number: WP(C) No. 373/2026 (along with CM No. 875/2026)
Coram: Hon’ble Mrs. Justice Sindhu Sharma and Hon’ble Mr. Justice Shahzad Azeem
Court: High Court of Jammu & Kashmir and Ladakh at Jammu
Date of Judgment: 16 April 2026
Click HERE for full Judgment.
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